Flexible arrangements involving an alternative education provider procedure

Audience

All state schools

Purpose

This procedure outlines the responsibilities and processes for the provision of flexible arrangements involving an alternative education provider for students during compulsory schooling (including Prep) or the compulsory participation phase.

Overview

Under the Education (General Provisions) Act 2006 a school may approve arrangements for a student allowing them to participate in the school’s educational programs in a manner that is different to the usual way. A flexible arrangement allows for all or part of a student's educational program to be delivered by an alternative education provider, where it is in the best educational interest of the student. The program should be equivalent to the student’s full-time participation at school. Where a flexible arrangement may support a student to be away from the base school site, the student must remain enrolled at their base school.

Examples of arrangements involving an alternative education provider include:

• a secondary student studying a subject at another school because a subject is not offered at their school
• a student is acting in a movie and will participate in an educational program delivered by a tutor while on set
• a student is attending a Positive Learning Centre full time while remaining enrolled at their school
• a home-based student enrolled in a school of distance education attending another state school one day every fortnight when their parents travel to the nearest town.

A flexible arrangement is not appropriate:

• in situations where parents cannot agree on which school to enrol their child in
• for services related to the National Disability Insurance Scheme (NDIS) as the NDIS does not fund educational programs for school-aged students.

A flexible arrangement is not required when:

• a recognised provider is providing an eligible option to a student in the compulsory participation phase
• a student is undertaking a school-based apprenticeship or traineeship
• a student is accessing a hospital education program.

Where a flexible arrangement involves another school (including a special school) the student would also need to meet enrolment eligibility requirements for the other school.

For eligible students with disability enrolled in a non-state school, dual enrolment in both the non-state school and a state special school (or state primary or secondary school if not practically able to access a state special school) can be considered under a flexible arrangement (refer to the Enrolment in state primary, secondary and special schools procedure and State special school enrolment (additional requirements) procedure for eligibility and process requirements).

When a student moves to another state school, a new flexible arrangement plan should be established and approved by the authorised entity.

Responsibilities

Parents and students in the compulsory participation phase or independent student

• Consider the Information for parents/students – flexible arrangements.
• Discuss with the school a flexible arrangement to best meet the needs of the student.
• Gather information regarding a proposed flexible arrangement with an external provider as necessary, if proposing the arrangement or if requested by the school.
• Provide written agreement to the flexible arrangement.

Teaching staff

• Make the Information for parents/students - flexible arrangements document available to parents and students.
• Consult with parents on the development of the flexible arrangement.
• Prepare a written assessment of the student’s educational and other needs.
• Document and gather information, and assess the proposed flexible arrangement.
• Implement approved flexible arrangement as appropriate and assist the parent/student where required.
• Monitor and evaluate the student’s participation in the flexible arrangement.

Authorised entity (school principal)

• Ensure the proposed flexible arrangement is appropriate, having regard to the student’s individual needs and circumstances, learning outcomes, and any other matters.
• Ensure human rights are considered when making a decision.
• Ensure the alternative education provider has agreed in writing to the flexible arrangement.
• Approve the flexible arrangement, or refer the arrangement to the regional director for approval if unable to approve (e.g. due to a conflict of interest).
• Ensure the alternative education provider (if the provider is not a school) is aware that any student absences are to be reported to the school on the day of the absence.
• Ensure student absences are recorded appropriately in accordance with the Roll marking in state schools procedure.
• Oversee the management and record keeping of the flexible arrangement.

Authorised entity (regional director)

• When the flexible arrangement involves more than one state school located in different regions, the regional director of the region where the student's base school is located makes the decision. 
• In exceptional circumstances, approve the flexible arrangement where the principal of the base school is unable to make a decision (e.g. due to a conflict of interest).
• Ensure human rights are considered when making a decision.

Alternative education provider

• Deliver the education program to the student as outlined in the Flexible arrangement with an alternative education provider plan (Flexible arrangement plan).
• Provide regular updates to the student’s base school on the status of the flexible arrangement as agreed to in the plan.
• If the provider is not a school, notify the student’s school of any absences by the student as soon as practicable on the day of the absence.
• If the provider is a state school, record student absences as per the Roll marking in state schools procedure.

Process

Flowchart: Flexible arrangements involving an alternative education provider

Key steps are summarised in the flowchart for alternative education provider.

Propose

1. A flexible arrangement may be proposed by a parent, a student, or the school. Teaching staff provide the information sheet to the parent/student when a flexible arrangement is first proposed.
2. Teaching staff discuss the proposed flexible arrangement with the parent and student (considering their age and individual circumstances) including the student’s educational and other needs, and tailored supports.
3. Teaching staff and/or the parent/student research and gather supporting documentation regarding the proposed arrangement. Any information gathered by the parent/student should be provided to teaching staff and vice versa.
4. If the parent/student verbally agrees in principle to the proposed flexible arrangement, teaching staff either:

• complete Parts A and B in the Flexible arrangement plan;

OR

• if the flexible arrangement is for the student to undertake a subject through a state school of distance education, complete the school-based subject enrolment form provided by the relevant school of distance education. Provide the completed form to the relevant school of distance education to finalise enrolment in the subject/s. No further assessment or process step in this procedure is required.

Assess

Note: Where the proposed flexible arrangement involves more than one school, the base school conducts the assessment.

1. Teaching staff use Part C of the Flexible arrangement plan to prepare and document an assessment of the:

• student’s educational and other needs (e.g. student requires access to a specialised program to support their educational program)
• learning outcome(s) the proposed flexible arrangement is intended to achieve
• suitability of the alternative education provider for the proposed flexible arrangement.

2. Teaching staff record how, and by whom, the student’s participation in the proposed flexible arrangement will be monitored, and how the effectiveness of the proposed flexible arrangement will be evaluated, in Part D of the Flexible arrangement plan.

Agree

Note: All parties must agree in writing to the flexible arrangement before it can be considered for approval by the authorised entity.

1. Teaching staff discuss the proposed flexible arrangement with the alternative education provider. If the alternative education provider is another school, the proportion of full-time equivalent (FTE) enrolment at each school (e.g. 0.6 FTE at one school, 0.4 FTE at the other) should be discussed.
2. The alternative education provider considers information in the Flexible arrangement plan and decides whether or not to agree to the arrangement.
3. If the alternative education provider agrees to the proposed flexible arrangement, the provider signs Part E of the Flexible arrangement plan.
4. Teaching staff obtain written agreement from the parent/student - either a signature in Part E of the Flexible arrangement plan or other written notification (e.g. an email) confirming agreement for the arrangement. Students in the compulsory participation phase must provide their own written agreement. If the student is unable to provide their agreement (considering their individual circumstances), the parent/carer may provide agreement on their behalf.
5. Teaching staff provide the completed Flexible arrangement plan to the authorised entity for approval.
6. If the alternative education provider does not agree to the proposed flexible arrangement:

• teaching staff advise the parent/student of the outcome and discuss with the alternative education provider and/or parent/student possible amendments that may enable the arrangement to proceed; or
• teaching staff advise the parent/student of the outcome and the proposed flexible arrangement does not proceed.

Decide

Note: Where the authorised entity (school principal) has a conflict of interest , or the proposed arrangement involves more than one state school across different regions, the completed Flexible arrangement plan should be referred to the regional director (as the authorised entity) for approval.

1. The authorised entity considers the completed Flexible arrangement plan, ensuring:

• if the student is of compulsory school age, the parent (or student if independent) has given written agreement to the arrangement and the arrangement has been discussed with the student as appropriate, having regard to the student’s age and other relevant circumstances;
  OR
• if the student is in the compulsory participation phase and the provider is not a recognised provider delivering an eligible option, the student has agreed to the arrangement (in writing) and the arrangement has been discussed with the parent if practicable and appropriate in the circumstances.

2. The authorised entity makes a preliminary assessment of the proposed flexible arrangement, considers whether the proposed arrangement is compatible with human rights (and may use the Human rights impact assessment: decision-making exemplar), and decides whether or not to approve the proposed flexible arrangement. The authorised entity may approve the arrangement only if:

• the teaching staff have prepared a written assessment of all of the following:
  • the student’s educational and other needs
  • the learning outcomes the arrangements are intended to achieve
  • the suitability of each provider for the arrangement
• the authorised entity has considered all of the following:
  • the written assessment prepared
  • how, and by whom, the student’s participation in the arrangement is to be monitored
  • how, and by whom, the provider’s involvement in the arrangement is to be monitored and its effectiveness evaluated
  • human rights
• the authorised entity is satisfied the arrangement is appropriate, having regard to all of the following:
  • the student’s individual needs and circumstances
  • what the authorised entity considers is most likely to achieve the best learning outcomes for the student
  • the desirability of the arrangement requiring the student’s participation at a level equivalent to full-time participation in the school’s educational program in the usual way (unless it would be inappropriate in all the circumstances)
  • any other matters prescribed under a regulation
  • human rights.

3. If the authorised entity decides to approve the proposed flexible arrangement, they should:

• document their decision in Part F of the Flexible arrangement plan. (Note: If an arrangement is being approved, the reason/s for the decision don't need to be documented.)
• indicate the flexible arrangement by adding a new ‘Additional Program’ (DoE employees only) in the student’s OneSchool profile and selecting ‘Flexible Arrangement (Alternative Education Provider)’ 
• advise, as soon as practicable, the parent/student of the decision in writing using the Notice to parent/student - flexible arrangement approved template.

4. If the authorised entity forms the preliminary view that the proposed flexible arrangement should not be approved, they should:

• advise the parent/student of the preliminary view using the Notice to parent/student – preliminary view on proposed flexible arrangement template
• give the parent/student 10 school days to request in writing the preliminary view to be reconsidered and submit further information (This may involve the parent/student liaising with teaching staff and/or the alternative education provider, and possible amendments to the proposed flexible arrangement.)
• consider any submission received in response to the preliminary view notice and consider human rights
• decide whether to approve the proposed flexible arrangement, and document the decision in Part F of the Flexible arrangement plan
• provide the parent/student with a written notice advising of the decision (within 5 school days after making the decision) using the Notice to parent/student – decision on proposed flexible arrangement template.

Monitor

1. Teaching staff monitor the arrangement and evaluates its effectiveness as outlined in the completed Flexible arrangement plan.

Manage

1. The authorised entity (school principal) retains authority and responsibility for the student's educational program and management of the flexible arrangement, and the student remains enrolled at their school, where the flexible arrangement alternative education provider is not another school.
2. The authorised entity (school principal) at the base school is responsible for management of the flexible arrangement where a flexible arrangement involves more than one school, and the student will have an enrolment at each school (with the total enrolment being at least 1.0 FTE).
3. The authorised entity (school principal) at the base school should refer to material provided by the school of distance education for information about the responsibilities of the student, their base school and the school of distance education, where the flexible arrangement involves a school-based subject enrolment with a school of distance education.
4. The authorised entity (school principal and regional director) should retain flexible arrangements documentation in line with the department’s procedures: Information asset and recordkeeping, Information privacy and right to information, and Information security.

Definitions

Legislation

• Education (General Provisions) Act 2006 (Qld), Sections 182, 183 and 426
• Further Education and Training Act 2014 (Qld)
• Human Rights Act 2019 (Qld)
• Tertiary Education Quality and Standards Agency Act 2011 (Cth)
• National Vocational Education and Training Regulator Act 2011 (Cth)

Delegations/Authorisations

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

Other resources

• Enrolment in state primary, secondary and special schools procedure
• Human rights (DoE employees only)
• Inclusive education policy
• Information asset and recordkeeping procedure
• Information privacy and right to information procedure
• Information security procedure
• Roll marking in state schools procedure
• School-based apprenticeships and traineeships procedure
• State special school enrolment (additional requirements) procedure

Superseded versions

Previous seven years shown. Minor version updates not included.

2.0 Flexible Arrangements for School Students

3.0 Flexible Arrangements for School Students