Mum ‘terrified’ about sending kids to school

Question:

I live in NSW and schools are back soon but I’m terrified about what will happen. I have a six-year-old son and eight-year-old daughter, both who are already frazzled and anxious after two very uncertain years of lockdown and homeschooling.

Now I feel like I’m sending them into the lion’s den to catch Omicron. My question is, do I have to send my kids back to school? If so, do they have to have the rapid antigen tests that the NSW Premier Dominic Perrottet has announced?

I would like a year free of stress and anxiety for my kids and I feel like being tested twice a week could cause ongoing mental health problems for them. The whole thing is making me want to pull them out of school altogether. Cassie, NSW

Answer:

Cassie, many parents and caregivers are in the same situation questioning their children’s ongoing and future schooling options, to try to minimise the impact of the pandemic on their children.

The starting point is that education in NSW is compulsory for all children over the age of six and up until either turning 17 or completing Year 10, whichever comes first.

As their parent you are responsible for ensuring this occurs, however it does not have to involve enrolment and attendance at a ‘regular’ school which we will explain further below.

You should start by having a conversation with the school about your concerns as most schools have good support systems in place to help improve attendance and reduce anxiety for the children, with access to any necessary support networks.

You should be aware that if they continue to be enrolled in their usual school there will be an expectation that they regularly attend, unless an exemption is granted by the principal.

All absences must be explained to the school who will assess if it is a justified absence.

If there is an illness, such as anxiety, causing regular or long-term absences, principals may provide an exemption after requesting medical certificates or other documentation. They may also wish to speak with medical specialists to assist in developing a health care plan to support the children.

Principals are able to refuse to accept an explanation for an absence and refuse an exemption if they do not believe it is in the best interests of your children.

If there are significant and continued unjustified absences, the principal will likely attempt to come to some sort of written agreement with you about the children’s attendance at school, which would also outline any support the school will provide.

A last resort would be the Department of Education escalating the matter to the Children’s Court.

Before a court hearing takes place, there would usually be a conference held to reach a suitable agreed arrangement about the children’s education.

They final step by the Department would be an application for the court to make a Compulsory Schooling Order.

If orders of this nature are made and they continue to be breached, it will be a criminal offence and action may be taken against you in the Local Court, leading to fines of up to $11,000 or a community service order.

You do however have other options you can consider which would meet the requirements of compulsory education.

You are entitled to apply to NSW Education Standards Authority to register to home school your children and you will need to show that you have an educational program that is consistent with the relevant curriculum.

In some limited circumstances where your children are unable to attend their usual school and the school cannot make other arrangements to accommodate their needs, they may be eligible to enrol in Distance Education, if you have the appropriate medical or other documentation to support this.

With respect to the rapid antigen tests, the NSW Government has indicated that testing of both children and teachers will assist in minimising the risk of the virus.

The Government has recommended that these tests occur twice weekly for the first four weeks of school and it appears that most schools will be relying on parents to adhere to this, as opposed to policing it.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

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Originally published as Sisters In Law: Do I have to give my kids rapid antigen tests?