Understanding Suspensions in Victorian Schools

This section introduces the legal foundation for suspensions, the required decision-making process under Ministerial Order 1125, and how this pathway supports families to navigate these moments safely and confidently.

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What a Suspension Means

A suspension is a serious action and can only be authorised by the principal. It must follow a strict legal sequence that ensures fairness, accuracy, and disability-aware decision making.

Principal-Only Decision

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Ministerial Order 1125

MO1125 sets out the legal steps a principal must complete before a student can be suspended, including proper investigation, review of adjustments, and consideration of alternatives.

Legally Required Steps

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What You’ll Learn Here

We break down each required step in the suspension flow so families can identify whether the process was followed correctly, and request clarification where needed.

Clear, Plain-Language Guidance

Parent Rights in the Suspension Process

Under Ministerial Order 1125 and Victorian Department of Education policy, families have specific, enforceable rights during any suspension consideration. These rights support transparency, procedural fairness, and safe participation.

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Right to Clear Information

Parents have the right to receive an accurate, written explanation of the incident, investigation steps, and any adjustments considered by the school before a suspension is decided.

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Right to Adjustment Review

Schools must demonstrate that reasonable adjustments were implemented and monitored. Parents may request evidence that supports were in place at the time of the incident.

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Right to Documentation

Parents are entitled to copies of the Behaviour Support Plan, risk assessments, incident report, and any minutes or notes used in the decision-making process.

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Right to Participate in Decisions

Parents may request an urgent SSG or meeting before the suspension is finalised. Their participation is required under DET collaborative planning guidelines.

Timeline: What Happens Next

This step-by-step timeline shows what a Victorian government school must do before, during, and after a suspension is considered under Ministerial Order 1125. Each stage includes your parent participation rights and what documentation you can request.

1

Incident Investigation

The school investigates the incident and gathers factual information, including triggers, context, adult responses, and environmental factors.

2

Review of Adjustments

The principal must check whether all reasonable adjustments were in place (communication, sensory, instructional, behavioural) at the time. Lack of adjustments may make a suspension unlawful.

3

Consultation with Parents / SSG

The school should consult with you and the Student Support Group (if applicable). You may request this meeting before a decision is made.

4

Principal Decision (Only the Principal)

Only the principal can legally make a suspension decision — not an assistant principal or teacher. They must show evidence of all required steps.

5

Suspension Letter Issued

If the decision proceeds, the principal provides a written suspension notice with clear details, dates, reasons, adjustments reviewed, and reintegration requirements.

6

Return-to-School Meeting

A meeting must occur to review the incident, update plans, set strategies, and build a reintegration plan that supports safety and learning.

7

Follow-Up & Monitoring

The school must monitor adjustments and supports, review progress, and ensure the child is reintegrating safely and successfully.

Suspension Compliance Check: Required Steps → Valid Decision

Under Ministerial Order 1125, a suspension is only valid when every mandatory step is completed. This section shows the key compliance indicators, what happens when the flow breaks, and the outcomes families can request or escalate.

Mandatory Compliance Checks

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Decision Authority

Principal-Only Decision

Only the principal can legally suspend a student. Assistant principals or teachers cannot make or pre-announce the decision.

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Adjustment Integrity

All Supports Reviewed

The principal must review all reasonable adjustments and verify they were implemented before considering suspension.

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Investigation Quality

Context & Disability Considered

MO1125 requires a proper investigation, including context, disability impacts, and fairness before any disciplinary action.

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If Any Step Fails → Suspension May Be Unlawful

Non-Compliance Indicators & Family Outcomes

1

Missing Required Steps

Compliance Gap Identified

If adjustments were not applied, no investigation occurred, or alternatives weren’t considered, the suspension is at risk of being invalid.

2

Documentation Rights Activated

Parent Can Request All Records

Families can request incident reports, adjustment logs, Safety Plans, BSPs, and the principal’s suspension record.

3

Grounds for Challenge

Procedural Fairness Review

When mandatory steps are missing, families can request corrections or escalate through the school, SEIL, region, or DET complaints pathway.

4

Review Required

Immediate Meeting Needed

The principal must schedule a meeting to address missing steps, review adjustments, and correct the process before a decision can stand.

Compliance → Fairness Flow

Valid suspensions require complete documentation, adjustment review, and transparent investigation. Missing steps activate parent rights to review, challenge, and escalate safely.